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NEBRASKA DEPARTMENT OF
ENVIRONMENTAL QUALITY
ENVIRONMENTAL GUIDANCE DOCUMENT
04-156 June 2004
Beneficial Use of Coal Combustion By-Products
Steel Manufacturing By-Products and
Other Similar Materials
(Revised June 2004)
The Nebraska Department of Environmental Quality (NDEQ) receives, on a regular basis, requests
from businesses and industry to determine if a particular waste is or can be classified as a "beneficial
use" material. Specifically, the Department has received inquiries regarding the suitability of
beneficial uses of coal combustion by-products (fly ash and bottom ash/boiler slag), steel
manufacturing by-products and other similar wastes.
Title 132 - Integrated Solid Waste Management Regulations require that solid waste be disposed at a
permitted solid waste management facility. Chapter 2, Section 002 of Title 132 allows exceptions to
this requirement provided the materials used are not mixed with other solid wastes and do not as a
result of handling or disposal have the potential to cause contamination that may threaten human
health or the environment. Exceptions allow for the use of fill for the purpose of erosion control,
erosion repair, channel stabilization, landscaping, roadbed preparation, or other land improvement.
Also it allows for the use of source-separated material in the manufacturing of other products. If a
material is characterized as a hazardous waste, it cannot be used for these beneficial use purposes.
The Department has developed the following guidance with respect to the beneficial use of coal
combustion by-products, steel manufacturing by-products and other similar materials. The
beneficial uses identified below, are based upon the Department's determining there is no apparent
threat to human health or the environment from the use of these materials. The Department's review
and determination does not include an evaluation of the engineering properties of these materials.
Any determination regarding the ability of these materials to meet specific design criteria
applications must be made by a qualified professional.
COAL COMBUSTION BY-PRODUCTS
The following legitimate uses of coal combustion by-products are not regulated under Title 132 and
therefore, do not require prior approval from the NDEQ Waste Management Division: Coal
combustion by-products used for these processes must meet the exemption requirements of Title 128
- Nebraska Hazardous Waste Regulations, Chapter 2, 009.03.
1. Construction or manufacture of products. Examples would be mixing concrete with fly
ash or using fly ash or another similar material as an aggregate in concrete or asphalt for
the construction or manufacture of roads, poles, block, etc.
2. Hazardous waste stabilization. Owners or operators of all facilities, which use coal-
combustion by-products for hazardous waste stabilization, must comply with Title 128 -
Nebraska Hazardous Waste Regulations, Chapter 20, Land Disposal Restrictions.
3. Ice control. This applies specifically to ice control applications (ice jams) in rivers. A
permit under the National Pollutant Discharge Elimination System (NPDES) must be
obtained from the Department prior to initiating this activity.
4. Stabilizing agents and soil modification, such as base/subbase/subgrade under
concrete, asphalt, armor coat, sand-gravel/limestone surfaces for roads, parking lots, or
building sites.
5. Aggregate for roads, such as armor coat and chip seal aggregate.
6. Structural fill. This may include backfill of utility trenches and behind foundation
walls, buildup of grade or as an embankment for roadways/overpasses.
7. Controlled density/slurry fill, as used for the closure of pipelines, tanks, sewers, and
others.
8. Soil amendment. This refers specifically to the land application of fly ash to neutralize
soil acidity. The fly ash should have a calcium carbonate equivalence of at least 20%.
The fly ash application rate should be based upon the neutralizing capacity of the fly ash
used and the amount of fly ash required to raise the soil pH to an optimum level (pH 6.5
to 7.0). The application rate should not exceed 10 tons per acre per annual application.
9. Feedlot applications. Coal combustion by-products may be used for feedlot
applications such as construction and maintenance of feedlot lanes and pens provided
steps are taken to insure that surface and ground water will not be impacted.
STEEL MANUFACTURING BY-PRODUCTS
The following legitimate uses of steel manufacturing by-products, such as slag, spent refractory and
scale, are not regulated under Title 132 and therefore, do not require prior approval from the NDEQ
Waste Management Division: Steel Manufacturing by-products used for these processes must meet
the exemption requirements of Title 128 - Nebraska Hazardous Waste Regulations, Chapter 2,
009.03.
1. Construction or manufacture of products. Examples would be mixing concrete with steel
manufacturing by-products, or using steel manufacturing by-products as an aggregate in
concrete or asphalt for the construction or manufacture of roads, poles, block, etc.
2. Stabilizing agents and soil modification, such as base/subbase/subgrade under concrete,
asphalt, armor coat, sand-gravel/limestone surfaces and roads, parking lots, or building sites.
3. Aggregate for roads, such as armor coat, chip seal aggregate and loose aggregate.
4. Anti-skid (snow and ice) control aggregate on roadways.
5. Railroad ballast to prevent erosion and stabilize/fix ties in railroad beds.
EVALUATION PROCESS FOR OTHER USES OF THESE AND OTHER SIMILAR
MATERIALS
The use of coal combustion by-products, steel manufacturing by-products and other similar
materials for purposes other than those described above will be reviewed by the Department on a
case-by-case basis. The Department encourages individuals or facilities to explore beneficial
uses for the management of wastes. The legitimate reuse or recycling of a waste or material is a
viable and recommended means of managing waste provided the ultimate end use of the material
does not constitute disposal.
The following criteria will be used by the Department on a case-by-case basis to review use
requests.
1. Does the material exhibit regulated hazardous waste characteristics? If so, it cannot be
used as a beneficial use material, and must be handled according to applicable regulations in
Title 132 and Title 128 - Nebraska Hazardous Waste Regulations.
2. Is the material contaminated with other wastes? The Department considers a material to
be contaminated if it contains waste materials in concentrations that threaten human health or
the environment.
3. Does the material pose a potential threat to human health or the environment? In making
this evaluation, several factors will be considered including, but not limited to:
a) Types of potential contaminants that may be present and any special handling
requirements, health concerns or warnings, or environmental impacts associated with
the material as identified in published data, Material Safety Data Sheets (MSDS) or
past analytical data.
b) Analytical data, which would determine the type and concentration of any potential
contaminants present. Test methods to evaluate this criteria could include: total metals,
volatile organic compounds (VOCs), semi-volatiles, pesticides, polychlorinated
biphenyls (PCBs), petroleum hydrocarbons, or any other test method deemed necessary
to characterize the waste stream.
c) Leachability of the material in question. Test methods to evaluate these criteria could
include, but not be limited to, American Society of Testing Materials (ASTM) Test
Number D3987-85 (water leach test) and/or the Toxicity Characteristic Leaching
Procedure (TCLP) in compliance with EPA SW-846 Methods, dependent upon the
constituent of concern. In the case of materials or wastes that will be "fixed" or
"treated" prior to use, the testing should be done after the material is fixed or treated.
The terms "fixed" and "treated" imply that the waste is processed in some manner to
reduce or eliminate the constituent of concern or its potential to threaten human health
or the environment.
Note: Information collected can be from recent sampling or historical data, but it must
be representative of the material or constituent in question. In evaluating whether the
material poses a potential threat to human health and the environment, the data will be
compared to numerical standards as identified in Department regulations, including but
not limited to, Title 117 - Nebraska Surface Water Quality Standards and Title 118 -
Ground Water Quality Standards and Use Classification. The data may also be
compared to EPA Region 9 Preliminary Remediation Goals (PRG’s) to evaluate
whether the material poses a potential threat to human health and the environment
through other exposure pathways besides ground water and surface water.
4. What are the site-specific conditions? Provide data, which adequately describes the
geologic and hydrogeologic conditions of the beneficial use area. Also, provide a description
of the proposed use of the material at the site and whether any engineering design features
will be used.
5. Does the end use of the material constitute disposal? For those materials in which the
constituents of concern have been identified and analyzed, the Department will evaluate the
acceptability of the proposed use of the material in light of those applications in which the
ultimate end use may constitute disposal. The use of the material must serve a bonafide
function, and exhibit performance qualities similar to commercial or natural products
commonly used for the same functions.
For more information, contact
MoreInfo@NDEQ.state.NE.US
Nebraska Department of Environmental Quality
1200 "N" Street, Suite 400
PO Pox 98922
Lincoln, Nebraska 68509
(402) 471-2186 FAX (402) 471-2909
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